sauda juma urassa vs coca cola kwanza limited 2022 tzca 295 20 may 2022

sauda juma urassa vs coca cola kwanza limited 2022 tzca 295 20 may 2022

The trial court lacked jurisdiction to entertain Misc. Civil Application No. 29 of 2015 as the matter was already pending before the High Court; all subsequent proceedings and orders based on that application are a nullity.

Source-derived case information.

Citation
sauda juma urassa vs coca cola kwanza limited 2022 tzca 295 20 may 2022
Parties
Appellant: Sauda Juma Urassa; Respondent: Coca-Cola Kwanza Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 May 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed as incompetent; proceedings and orders of both lower courts nullified
Legal Topics
Jurisdiction, Nullity of Proceedings, Rectification of Judgment, Appeal and Revision Procedures
Source Language
english
Civil Procedure Jurisdiction Nullity of Proceedings Rectification of Judgment Appeal and Revision Procedures

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Parties

Sauda Juma Urassa

Appellant

Coca-Cola Kwanza Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court had jurisdiction to entertain Misc. Civil Application No. 29 of 2015 while an appeal was pending in the High Court
  2. 2 Whether subsequent proceedings and orders based on the trial court's decision were valid

Ratio Decidendi

The trial court lacked jurisdiction to entertain Misc. Civil Application No. 29 of 2015 as the matter was already pending before the High Court; all subsequent proceedings and orders based on that application are a nullity.

Court Disposition

appeal dismissed as incompetent; proceedings and orders of both lower courts nullified

Orders

  • Entire proceedings, decisions, and orders of the trial court in Misc. Civil Application No. 29 of 2015 nullified, quashed, and set aside
  • Entire proceedings, decisions, and orders of the High Court in Civil Revision No. 13 of 2017 nullified, quashed, and set aside